eviction advice

mellymoo74

Hi
Social landlord well aware if my financial situation haven't followed pre action protocol to evict
Arrears is just over 3 weeks £20 pcm being paid off papers arrived Friday spoken to shelter and got local councillor involved husband unable to work I have a disability that is triggered by stress and have to call them tomorrow shall I hit them with their failure to follow protocol or attemlt to reason wih them and terminate the call if necessary (they're not the best to deal with think loan shark)

CKhalvashi

Don't get confrontational, ask the right questions, get the right answers.

CK

mellymoo74

What are the right questions?

CKhalvashi

mellymoo74 wrote: »

What are the right questions?

What needs to be done to stop this going through, and what medical evidence can you provide to help your case.

If you get confrontational, in all probability it will be claimed in court that you've threatened/intimidated their staff.

CK

G_M

What am I missing here?
...

mellymoo74 wrote: »

Hi
Social landlord well aware if my financial situation haven't followed pre action protocol to evict
What pre action protocol? Is this some written protocol specific to the Social Landlord? If so, what does it say?
Or are you referring to legal process?

Arrears is just over 3 weeks
What action have they taken?

£20 pcm being paid off
Has this been discussed? Agreed? Confirmed in writing?
papers arrived Friday
What papers -please clarify.

spoken to shelter and got local councillor involved
Pointless to tell us this unlessyou also tell us what they've said!

husband unable to work I have a disability that is triggered by stress
Irrelevant unless the 'protocols' referred to above (which you donot quote) refer to actions in circumstances like yours

and have to call them tomorrow
Why?

shall I hit them with their failure to follow protocol
impossible to advise on so little information

or attemlt to reason wih them
always worth trying!
and terminate the call if necessary (they're not the best to deal with think loan shark)

Well, if it is necessary to terminate the call, then the best thingto do is.... terminate the call.

Please supply more info if you want serious advice.

mellymoo74

CKhalvashi wrote: »

What needs to be done to stop this going through, and what medical evidence can you provide to help your case.

If you get confrontational, in all probability it will be claimed in court that you've threatened/intimidated their staff.

CK

I know difficult not too thoughl.
Yep I have doctors letter stating also consultant info believe me hard enough to hold down a job without the fun thats been this weekend. OH is recently diagnosed so also has consultant info.
The papers were from the court with the court date. LL is fully aware of the situation both to health and the arrears were happy enough previously.
Pre action protocol is a protocol SL have to follow to evict it includes advising tenant of date to quit, where advice can be given asking why arrears happened and working with tenant to agree payment plan.

G_M

Makes no sense.

Unless law for S.LLs is vastly different a S8 Notice will fail in court if only 3 weeks rent is owed.

But I suspect the story is more complicated and we only have about 25%.

CKhalvashi

G_M wrote: »

Makes no sense.

Unless law for S.LLs is vastly different a S8 Notice will fail in court if only 3 weeks rent is owed.

But I suspect the story is more complicated and we only have about 25%.

That's why I've only been able to offer very limited advice.

CK

mellymoo74

Er no that would be why I am confused your thinking about a ground a which clearly they are not going for they may be going for a ground 10 or 11 but the paperwork received from them yesterday didn't state.
Thank you for your help its at least practice for tomorrow

mellymoo74

CKhalvashi wrote: »

That's why I've only been able to offer very limited advice.

CK

Difficult to type and think currently

boo2410

Most SL's only apply to court a last resort if they cannot come to an agreement with the tenant or the tenant makes an agreement to clear and then doesn't. At least that's how it works with us. A few questions:

How much are the arrears?
How long has your account been in arrears?
When did you make the agreement to pay £20pcm off the arrears?
Have you missed any payments since the agreement was made?